Failway To Success

NJ Interns: not as easy as you think

Tue, 19 Feb 2013 15:00:00 -0500

We’ve recently brought on some more help over at weCraft and, in the process, were reintroduced to NJ employment law. As our friend Herb Moore at SorinRand reminded us, make sure your interns meet certain requirements of the dept of labor might not be so happy with you.

Companies in NJ can’t have unpaid interns unless certain wage and hour law requirements are met. Here’s a summary of how NJ labor law deals with unpaid interns:

In NJ, a “trainee”, or intern, is exempt from the definition of employee when all of the following are met:
The training is for the primary benefit of the trainee;
The employment for which the trainee is training requires some cognizable trainable skill;
The training is not specific to the employer, that is, is not exclusive to its needs, but may be applicable elsewhere for another employer or in another field of endeavor;
The training, even though it includes actual operation of the facilities of the employer, is similar to that which may be given in a vocational school;
The trainee does not displace a regular employee on a regular job or supplement a regular job, but trains under close tutorial observation;
The employer derives no immediate benefit from the efforts of the trainee and, indeed, on occasion may find his or her regular operation impeded by the trainee;
The trainee is not necessarily entitled to a job at the completion of training;
The training program is sponsored by the employer, is outside regular work hours, the employee does no productive work while attending and the program is not directly related to the employee’s present job (as distinguished from learning another job or additional skill); and
The employer and the trainee share a basic understanding that regular employment wages are not due for the time spent in training, provided that the trainee does not perform any productive work.

If a trainee does not meet all of the above-listed criteria, the trainee is considered an employee and must be paid in accordance with New Jersey’s wage and hour laws (i.e., minimum wage requirements).

Furthermore, New Jersey does have a “School-to-Work” test, that allows unpaid internship programs under limited circumstances. The regulations provide that an acceptable School-to-work program must meet the following conditions to allow for non-paid activities of student learners at for profit and not-for-profit organizations:

The student shall be at least 16 years of age;
The activity must be related to a formal school-to-work transition plan for a student learner;
There is collaboration and planning between work-site staff and school staff resulting in clearly identified learning objectives related to the non-paid activities;
Any productive work is incidental to achieving learning objectives;
The student learner receives credit for time spent at the work-site and the student is expected to achieve the learning objectives;
The student learner is supervised by a school official and a workplace mentor;
The non-paid activity is of a limited duration, related to an educational purpose and there is no guarantee or expectation that the activity will result in employment; and
The student learner does not replace an employee.

Strict rules so be careful. Hey NJ universities - let’s get more official startup intern programs going, eh?

Like our page. Win a lawsuit.

Fri, 25 Jan 2013 12:24:44 -0500

Lots of people have questions when it comes to the legalities of marketing promotions. Some of them ignore the rules and end up with problems with the law. I was chatting with my new friend Kristen from Marks & Klein when I popped in to checkout the NJ Tech Gals 1st meetup and she brought some wisdom to the issue. Several people admitted to having no idea of these rules. She emailed a few of us some clarifications that are important if you’re considering a contest, sweepstakes, or lottery. Kristen’s legal smackdown:

“Generally, there are three types of online promotions:

Contests: Promotions where prizes are awarded primarily based on merit or skill. (Ex. Best poem writer/Winner of a trivia game)

Sweepstakes: Prize giveaways where winners are chosen predominantly by chance. (Ex. Free music download/free trip to Paris)

Lotteries: Random drawings for prizes where participants have to pay to play. A lottery has three elements: prize, chance and consideration. Like we discussed last night, consideration could be “liking” a Facebook page, “following” you on Twitter, “joining” your Linked In Group, or “signing up” for your newsletter.

How do you avoid confusion? Eliminate the “consideration” element. Make sure no one has to “pay” for anything to enter your sweepstakes.

Also be careful about the value of the prize you are offering. Every state has different requirements – for example, New York requires you to post a bond and register with the state if your prize is over $5,000. NJ does not. But if you are letting people in different states enter your contest, you are subject to that state’s rules.”

Tweet this post for an entry into our contest to win $1,000,000. Oh, wait.

What is the biggest challenge for the NJ tech community in 2013?

Sat, 01 Dec 2012 15:10:00 -0500

I was asked by NJ Tech Weekly to address what I thought is the biggest challenge facing the NJ technology community in 2013. Below is my response and something that I hope to help fix.

NJ has been recognized as a leading technology hub on the east coast this past year. Though that has been a reality for some time, 2012 seems to have been the year we started to get credit for it. However, there are still many challenges that we face. If we want to be able to attract and retain great entrepreneurs for the long haul, I believe the #1 priority for 2013 should be build a robust investment community. The reality is that the number or VCs, angel groups, and active angels in areas outside of NJ, particularly in NYC, far outweigh the resources in our state. Additionally, as it pertains to my area of expertise in software businesses, there are almost no NJ investors who are vocal thought leaders and up to speed on where the mobile and internet categories are moving. While good companies will naturally attract good investors, to accelerate that process, the state should come up with aggressive financial incentives to attract investors to NJ. Here’s to 2013, may it be the year of the NJ checkwriters.

"It is not the critic who counts; not the man who points out how the strong man stumbles, or where..."

Thu, 12 Jul 2012 11:09:00 -0400

“It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat.”

- Teddy Roosevelt, Man In The Arena (via Ethan Chazin, thanks!)

Versus.

Thu, 28 Jun 2012 13:57:00 -0400

As the founder of the NJ Tech Meetup, I feel compelled to respond to the recent Fast Company and BetaBeat articles about the NJ Tech Meetup.

The commentary in these articles reminds me of something I’ve noticed in my travels: People frequently proclaim New York City as the best city in the world, implying that the rest of world’s cities don’t stack up against it. I love NYC too. It’s beautiful, exciting, vibrant, energetic, chaotic, inspiring and so much more.

But Paris is pretty cool. And Sydney is sweet. And so are Quito, Shanghai, San Fran, Ho Chi Minh City, and Marrakech. That doesn’t make NYC any less good. But I know that tourism brings with it a lot of money, so tourism boards see these other places as the competition. You and I - we just like to travel.

I’m reminded of this when I see some of the exchanges on Fast Company and BetaBeat. They have great things to say about Hoboken and the NJ Tech Meetup - and for that I’m grateful - but they clearly feel the need to put Hoboken down in the process. They need to sell ads around content - I get that. I understand that a little controversy helps. But wouldn’t it have been great for them to take a different approach and go with, “Hey, nyc tech people - there’s a hidden gem right across the river.” It might have been less exciting, but that’s actually the hidden truth of both stories. And that truth is something I’m proud of: We have an amazing community in the NJ Tech Meetup and get a very big draw from all around the region at our sellout events. We’ve even had some international representation at several recent meetups including attendees from Germany, Ecuador, and Croatia, some of whom planned their trips around the event.

I started the NJ Tech Meetup because I care about inspiring people to start companies and supporting those who do. What I don’t care about is east coast/west coast, NYC/NJ, or any other divisive narrative. Great companies and great people live in many places. This isn’t sports - there isn’t just one winner in entrepreneurship. Your company can get bought and so can mine.

That’s why I’m pleased to have sat down recently with many local players, including the NY Tech Meetup and several politicians in the area. I can tell you that we share common goals: we all want to make it easier to start a company and build an amazing team. You’ll start to see more from us about that soon.

I hope that Shane at Fast Company and Adrianne and her peers from BetaBeat will continue to cover the NJ Tech Meetup. Maybe next time they will take our mission of Inspiring Ideas, Sparking Connections, a little more seriously. Because we certainly do.

But you know, as long as we’re talking Hoboken vs NYC: I live on the water. I have a big backyard. I have a bbq. Come on over sometime and we can toast to entrepreneurship over a beer and a burger and talk about your startup.

my double rainbow view from hoboken

Why Entrepreneurs Fail And Most Startups Are DOA

Sat, 17 Mar 2012 19:21:00 -0400

YES! : *Why Entrepreneurs Fail And Most **Startups** Are **DOA*

Teamwork

Sun, 11 Mar 2012 22:37:03 -0400

“Coming together is a beginning. Keeping together is progress. Working
together is success.” - Henry Ford

Growth.

Fri, 30 Dec 2011 23:45:10 -0500

It feels good to grow. Checkout crafterMania’s member growth over the last 40 days. Some really key partnerships help making this happen.

Do not seek praise. Seek criticism.

Fri, 16 Sep 2011 18:48:03 -0400

Do not seek praise. Seek criticism.

Eric Hippeau, partner, Lerer Ventures; former CEO, The...

Mon, 18 Jul 2011 00:00:00 -0400

Eric Hippeau, partner, Lerer Ventures; former CEO, The Huffington Post, talks with me about the current investing environment.

Eric Hippeau, partner, Lerer Ventures; former CEO, The...

Mon, 18 Jul 2011 00:00:00 -0400

Eric Hippeau, partner, Lerer Ventures; former CEO, The Huffington Post, talks with me about valuation.

Eric Hippeau, partner, Lerer Ventures; former CEO, The...

Mon, 18 Jul 2011 00:00:00 -0400

Eric Hippeau, partner, Lerer Ventures; former CEO, The Huffington Post, talks with me about calling it quits.

Do YOU want to be noticed or do you want your COMPANY to be?

Thu, 31 Mar 2011 12:45:59 -0400

If you’re seeking internet celebrity in the relatively small circle of tech entreprenuers, blog about your entrepreneurial endeavors.

If you’re seeking to run an actual business, promote it and generate content about it, not you.

Case in point: “Articles that focused on InDinero as a small business tool paid off, while those that profiled Mah as a young entrepreneur or as a woman in tech didn’t.”

Story of failure with my 1st co, deliverU featured today on NY Observer's, BetaBeat

Tue, 22 Mar 2011 00:00:00 -0400

Hoboken Tech Meetup in today's BetaBeat from NY Observer

Tue, 22 Mar 2011 00:00:00 -0400

I am spectacled and fastidious…

Be like Abe Lincoln - FAIL! (And learn). Interview at Hoboken...

Sun, 20 Mar 2011 18:03:33 -0400

Be like Abe Lincoln - FAIL! (And learn). Interview at Hoboken Tech Meetup 9 with NY Angels founder and chairman, David S. Rose, written from NJ.com.

Hoboken Coworking is now Mission Fifty

Tue, 01 Mar 2011 01:14:06 -0500

Hoboken Coworking space is now officially called, Mission Fifty. We’re all about entrepreneurs on a mission. To keep in touch, fill this out: www.MissionFifty.com What’s your Mission?

My interview with Bob Dorf, published at NJ.com>Business

Tue, 22 Feb 2011 14:39:00 -0500

My interview with Bob Dorf, published at NJ.com>Business:

Become a voice in your field. Build relationships that give you access to distribution. Learn how to stand out from your peers.

Hoboken coworking space announced.

Fri, 18 Feb 2011 00:00:00 -0500

Hoboken coworking space announced.:

Arictle: Hoboken entrepreneurs planning “funky,” affordable office facility for local businesses. Our first press about the upcoming coworking space. Lesson: get deeply involved in the entrepreneurial community in your neighborhood.

Teamwork at work.

Mon, 24 Jan 2011 13:19:04 -0500

Teamwork at work.